Post Incarceration

All employers with more than 5 employees, excluding certain law enforcement and government jobs, must follow this new protocol:

From now on employers cannot ask any questions about convictions on job applications. There should be no “box” to be checked about felony convictions. In addition, during the job interview it is ILLEGAL to inquire about your criminal history. Only AFTER an offer has been given can they ask about your criminal background. They can give you a “conditional offer” which means an offer contingent on a background check. Not all employers will even do a background check.

If they do decide to do a background check, they will see the conviction, but by LAW they must do an assessment in which they:

Consider the nature of the offense

How much time has passed

How the offense relates to the job itself

They must communicate their decision to the candidate in writing. The candidate then has five days to respond/repeal the decision. THEN the employer considers the position then makes a final decision.

If you have other arrests, convictions that have been sealed/dismissed, or any diversion programs they by LAW cannot consider this when doing a background check.

If an employer DOES have a “felony conviction” box after January 1st, 2018, do NOT check the box. It is an illegal question that is no longer allowed under California law. If they do ask about your felony conviction prior to a job offer (on the application/interview) THEY are breaking the law.

Updates on Prop 47- A law that reduces some felonies to misdemeanors

If you have ever been convicted of drug possession or petty theft (under $950) in the state of California, you may be eligible to have the conviction on your record changed from a felony to misdemeanor.

A recent change in California law (Proposition 47) reduced simple drug possession and petty theft (under $950) from felonies to misdemeanors with some limited exceptions. This change is retroactive, meaning most people previously convicted of any of these offenses can have them changed to misdemeanors on their record. Individuals can file a petition for a Prop 47 reclassification until November 2017. To file a petition, contact the San Diego Public Defender by phone at (619) 338-4700 or through their website and ask about Proposition 47.

CalFresh eligibility expansion for individuals with a drug felony conviction

Starting April 1, 2015, if you have a felony drug conviction, and you are complying with your probation or parole, or have completed probation or parole, you may be eligible for CalFresh and/or CalWORKs! New rules will go into effect April 1st that lift a previous ban on benefits and increase access to benefits to individuals with previous drug-related felonies. If you or anyone in your home has been affected by this ban, you can apply as early as March 1st to receive benefits April 1st. To learn more and/or to take advantage of this resource, please select language for CalFresh (English and Spanish) and here for CalWORKs, contact 2-1-1 San Diego.

Post Incarceration Re-entry Resource Guide

When individuals are released from local jail or state prison, they are faced with the task of finding resources with limited guidance and immediate needs. Many of these men and women re-entering our community from incarceration struggle with substance abuse, mental and physical health issues, unstable housing situations, legal problems, and social stigma that can make it even more difficult to find stability.

It has been proven that the first 72 hours post-release from prison or jail is a critical time in which connections to an individual’s most crucial needs must be met in order to ensure their long term success, safety and stability. Keeping this in mind, it is recommended that when building a stabilization plan the top three resources are clearly identified as immediate needs.